ILLINOIS POLLUTION

 CONTROL BOARD

October

9,

1975

WALWORTH COMPANY,

Petitioner,

)

PCB

 75—206

ENVIRONMENTAL

 PROTECTION AGENCY

Respondent

OPINION AND ORDER OF THE BOARD

(by

 Mr. Goodman):

This case comes

 before

 the Board upon a petition for

extension of a variance previously granted in PCB 74-197,

14

PCB 697

 (1974).

 The Petition,

 filed May 16,

 1975,

 seeks

additional time within which

to

 complete a

 compliance program.

No hearing has been held.

Walworth Company operates a conventional gray iron

foundry in Kewanee, Illinois,

 known as its Kewanee Division.

In the previous case we granted Walworth a variance from

Rule 203(b)

 of the Air Pollution Regulations until June

30,

1975,

 in order to continue operating two cupolas pending

the

fabrication and installation

of

 additional equipment to the

existing scrubber system.

For

 the purposes of brevity,

the

reader is referred to the earlier case for a more complete

 description of Walworth’s

 facility..

 Numerous conditions,•

including reporting requirements and a maximum emission

rate,

 were imposed in that case.

 Waiworth now seeks

variance until September 15,

 1975.

As grounds

 for the variance Wai~worthclaims that

 delivery

of a fan and motor, originally schel.uled for May

1,

 1975,

was delayed until the second week of

 :Tune as a result of

labor difficulties at the plan~t

 J:3uiiaio Forge Company,

the fabricator of this equipment.

 In support of this

contention copies of letters from counsel for Buffalo Forge

Company and American

Air

 Filter Company

 (the contractor)

were attached

to

 the petition as Exhibits A and B,

 Walworth

also Indicated a revised timetable as set forth in a letter

from its contractor, attached as Exhibit

C.

 This

 schedule

is

 as follows:

1,

 Select and order additional fan and

auxiliary equipment

 Completed

2.

 Receive

 and install

 additional electrical

circuits to the foundry to meet the needs

of the additional equipment

May

30,

1975

3,

 Receive and install new equipment

 July

15,

1975

4. Perform shake—down runs and conduct

emission tests

 August

5,

1975

5.

 Submit data in support of operating

permit

1828

 September

 15, 1975

—2—

On May

22,

 1975,

 the Board

 ordeuod Walworth to amend

its petition by supplying additional information regarding

ambient air quality levels.

 The amended petition was filed

on July

21,

 1975,

 It indicated that Walworth had had installed,

at a cost in excess

 of $40,000,

 additional electrical capacity

necessary for the

 operation of the

 new equipment.

 It further

indicated that the plant had

 been

 shut down during the month

of July

 to facilitate installation

of

 the control equipment.

With respect to air quality

 levels,

 Walworth claimed that

the Agency informed

it

 that there was no data in existence

relative to the total particulate being emitted from any

source in the Kewanee and Henry County area.

 Rather, Henry

County would have to be classified

 as being part of the

Metropolitan Quad-Cities Interstate Air Quality Control

Region

69.

 Walworth alleges

 that

 a review of the 1973 Air

Quality Network Report and monthly reports for 1974, provided

by the Agency,

 indicates that particulate levels for Region

69 are below National Ambient Air Quality Standards.

 Finally,

Walworth claimed that by August

1,

 1975, the additional

control equipment would be completely installed and, based

upon prior analysis by the contractor,

 the foundry would be

in full compliance with Rule 203(b).

 Walworth thus requested

variance for the month of August while testing would be

conducted and an application for an operating permit could

be processed.

The Agency filed a Recommendation

 in favor of the

variance petition on August

21,

 1975.

 It indicated that,

with the estimated reduction of particulate levels made

possible by the scrubber modification, Walworth should be

well within the Rule 203(b)

 standard,

 It further indicated

that as of August

8,

 1975,

 the scrubter was operational and

stack testing had commenced;

 It requested that a Board

Order granting the variance extension

 reirapose all applicable

conditions from the earlier casey

 require Walworth to

expeditiously apply for all necessary operating permits,

and

require submittal of

 stack

 test results pursuant to a

 special

condition of a previously issuci

 ~cr..

 ~ction permit.

On the facts of this case the Board finds that the

variance is not needed.

 The record sufficiently indicates

that there would be

no

 violation of Rule 203(b)

 subsequent

to the expiration of the original variance.

 For the month

of July no variance

is

 needed since the facility has been

shut down.

 Beyond that date, .the record is clear that

Walworth has substantially completed its compliance program,

subject only to stack testing, and thus would be in

 compliance.

For these reasons we find that the requested variance

 is not

necessary,

and

we

 dismiss the case without prejudice.

We

also note

 that

the

 Agency

 requests are unnecessary

 since the

original variance conditions,

 including a stack test

 report,

remain in effect,

 and an operating permit will need to

be

expeditiously applied for to prevent a violation

 of the

permit requirements

of

 the Act or regulations.

—

—3—

This Opinion constitutes the Board~s findings of fact

and conclusions of

 law.

ORDER

The petition

 of Walworth Company

 for an extension of a

variance previously

 granted in PCB 74-197

 is hereby

 dismissed

without prejudice,

I, Christan L.

 Moffett, Clerk of the Illinois Pollution

Control Board, hereby

 certify the

 above Opinion and Order

 were

adopted on the

_____________

day

of

1975

by

a vote of ~O

Illinois Pollution

—

30